Recording the Fight and Using it as Evidence

12th Criminal Chamber

Principal Number: 2017/5122

Decision Number: 2018/2516

“Justice Text”

Court: Criminal Court of First Instance
Crime: Violation of privacy
Judgment: Acquittal

The provision regarding the acquittal of the accused on the charge of violating the privacy of private life was appealed by the participant, the file was examined and the necessary was considered:
According to the scope of the file; In the incident where the accused, who is the father of his estranged wife, came to the house of the participant to see his children, he recorded the discussion with a camera and presented it as evidence in the investigation file. There was no misconduct in the acceptance of the local court due to the fact that the participant did not act with the consciousness of acting against the law in his act, which aims to preserve the evidence that may be lost and to prove the act of the participant, while he was in a state that could not be proven otherwise due to the act.
At the end of the trial, it was unanimously decided on 07.03.2018 to APPROVE the verdict of acquittal in accordance with the request, rejecting the objections of the attendee regarding the necessity of punishment of the accused, since the court accepted and appreciated the grounds that the charged act was not defined as a crime in the law.

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